Judge Sets Aside Decision In Berlin Turnpike Zoning Case

Will Allow Lawyers To Submit Briefs On Whether Case Should Be Re-Argued

November 08, 2013|By CHRISTOPHER HOFFMAN, Special to The Courant, The Hartford Courant

NEWINGTON – A judge has set aside his decision dismissing a lawsuit challenging new rules regulating motor vehicle businesses on the Berlin Turnpike because of a ruling in another case.

Trial Judge Referee A. William Mottolese has asked lawyers in the case to file briefs on whether the case should be reargued in light of the ruling.

The decision is the latest twist in two lawsuits filed by businesses seeking to overturn the rules. Leading the effort is local businessman Domenic Pane.

Pane and his fellow business owners say that the new regulations, which reversed a longstanding ban on new auto-related businesses along the road, are too vague. They give the town plan and zone commission too much discretion and leave them unclear on what changes they may make to their property, they say.

The commission has defended the rules as reasonable and fair.

Mottolese threw out the suit in July and then denied a plaintiffs' request to reargue the case.

But Mottolese decided to consider a re-argument after a recent appeals court ruling. The decision touched on whether zoning boards may vary their rules, an issue in the Newington lawsuit.

In a brief, John W. Bradley Jr. of Rome McGuigan, who is representing the town zoning board in the case, argued that the decision in MacKenzie vs. Planning and Zoning Commission of Monroe had no impact on the Newington regulations.

"The release of the MacKenzie decision does not change anything," Bradley said in the brief. "MacKenzie does not require the court to change or modify its July 30 memorandum of decision, and therefore, plaintiffs' motion to reargue should be denied."

Even if the case is reargued, the decision dismissing it should stand, Bradley's brief said.

"We did what the judge asked us to do, and we'll see what happens," Hollister said.

Pane and the other businesses filed a separate lawsuit challenging a permit granted to Firestone Total Car Care under the new rules. That case was argued last month with a decision still pending.

Pane, a former zoning board member, has clashed repeatedly with the commission and the planning office over the last 15 months.

Republican town council members sought to appoint Pane as a zoning commission alternate in September, but were blocked by majority Democrats. Pane said at the time that if he were appointed, he would abstain from any deliberations regarding his litigation against the commission.